Judgments : High Court Division Full List
 
Case Type
Case/Tender Number
Year
Parties
Short Description
 

Case Number Parties Short Description
1
Md. Emam Uddin @ Eman Ali -Versus- The Chairman, Civil Aviation Authority of Bangladesh, Headquarters, Kurmitola, Dhaka and another
.
2
Kalipada Das Vs. Ananda Chandra Das (Minor) and others
.
3
Md. Bulu Mia -Versus- Saiya Sultana Binu and others
.
4
Legend World Tank PTE, -Versus- Multinational Shipping Co. Ltd., and others
Differing, with the greatest respect, from the larger bench decision in Accom, this court is unable to subscribe to the reasoning adopted therein. In the considered view of this court, sections 7, 7A and 10 of the Arbitration Act, 2001 are capable of operating in aid of arbitral proceedings even where the juridical seat of arbitration is outside Bangladesh. Properly construed, these provisions are intended to facilitate and support the arbitral process by conferring limited judicial assistance, rather than by exercising supervisory jurisdiction over the arbitral proceedings themselves. Consequently, the invocation of section 151 of the Code of Civil Procedure, in place of section 10 of the Arbitration Act, 2001, as adopted in Accom, appears both unnecessary and unwarranted.
5
The Government of Bangladesh, represented by the Deputy Commissioner, Satkhira and others -Versus- Most. Masura Khatun and others
Absolute
6
Md. Rezaul Karim Sarder and others … Plaintiff-Petitioners Versus Mst. Laily Munnnujan Nesabanu and others ...Defendant-Opposite parties
Absolute
7
Sonali Jute Mills Ltd. represented by its Manager, Administrative, Sonali Jute Mills Limited, Thana Khan Jahan Ali, District Khulna -Versus- Executive Engineer, Sales and Distribution Division-2, Power Development Board, B.L. College Road, Doulatpur, District Khulna and others
Discharged
8
Md. Shahidul Islam and others -Versus- Md Saidul Islam and others
Absolute
9
Md. Fajlul Haque and others Vs. 1(a) Saiara Begum and others
We find no provision in the Code prescribing a separate stage or proceeding described as an “admission hearing” of an ordinary suit after the issues have been framed. A Court may, of course, hear the parties on any question of law or procedure arising in the suit; but merely fixing a suit for an “admission hearing” does not, by itself, create a jurisdictional basis for rejection of the plaint under section 151 of the Code. Where the suit has already proceeded beyond the stage of framing of issues and is pending for trial, any order bringing the suit to an end by rejecting the plaint must be traceable to a specific provision of the Code or other law conferring such jurisdiction. The inherent power under section 151 cannot be invoked to create a procedure or jurisdiction which is not otherwise provided by law.
10
Ecotech Consultants Limited vs The Government of Bangladesh
Discharged
11
Md. Sajjad Hossain Sarder, being dead, leaving behind the following heirs Aysha Begum and others -Versus- Mrs. Rokaya Bibi and others
Absolute
12
Chita Sreerampur Matshyajibi Samabaya Samity Ltd ... Plaintiff-Appellant -Versus- Sajjadur Rahman (Shajid) and others ... Plaintiff-Respondents
Dismissed
13
Abdur Rahman and another ... Defendant-Appellants -Versus- Mohammad Mashuk and another ... Plaintiff-Respondents
Disposed of
14
Sirajul Alam Chowdhury ... Plaintiff-Appellant -Versus- Ahmed Nur Chowdhury and another ... Defendant-Respondents
Disposed of
15
Kad Banu ... Appellant -Versus- Amir Hossain and others ... Respondents
Dismissed
16
Sheikh Md. Nurullah ... Defendant-Petitioner Versus Ummeh Kulsum Tanzila ... Plaintiff-Opposite party
Discharged
17
Moniruzzaman Bari and others … Plaintiff-Petitioners Versus Kamruzzaman Miah and others ... Defendant-Opposite parties
Discharged
18
Dr. Md. Sajahan (Saju) being dead his legal heirs 1(a) Mst. Nurjahan and others ... Plaintiff-Petitioners -Versus- Government of Bangladesh and another ... Defendant-Opposite Parties
Discharged
19
Md. Ashraful Alam Jahid Vs. Mst. Mim Akter
.
20
Hazi Abdul Malek Islamia College, Khulna Vs. Md. Nurul Islam and others
These principles rest upon judicial discipline, certainty and consistency in the administration of justice and are equally relevant to the interpretation of Article 111 of the Constitution of Bangladesh, which embodies the doctrine of binding precedent. In the absence of any contrary pronouncement of the Appellate Division, the aforesaid decisions of the Supreme Court of India provide persuasive guidance on the question of Bench strength. Thus, where two decisions of the Appellate Division are in conflict, the decision rendered by the Bench of greater numerical strength must prevail, and a smaller Bench cannot overrule or depart from the decision of a larger Bench.

It appears that Rezaul Karim and others v. Shamsuzzoha and others, 49 DLR (AD) 68, was decided by a five-Judge Bench, whereas Chinmoy Chowdhury and another v. Mridul Chowdhury and others, 55 DLR (AD) 115, was decided by a three-Judge Bench. Accordingly, notwithstanding that the latter decision expressed a divergent view, the decision in 49 DLR (AD) 68, having been rendered by the larger Bench, is binding upon the High Court Division.


Therefore, in a suit for partition, the Court may examine the plaintiff’s title to the suit property in greater detail than would ordinarily be necessary in a suit for permanent injunction. However, where the pleadings disclose a serious, complicated or fundamental dispute as to the plaintiff’s title, and the relief of partition cannot effectively be granted without first adjudicating upon such title, a mere suit for partition is not maintainable. In such circumstances, the plaintiff must seek an appropriate declaration of title together with the relief of partition in a properly constituted suit.
21
Krishnapada Biswas and others ... Plaintiff-Petitioners -Versus- Md. Siddique Sheikh and others ... Defendant-Opposite Parties
Disposed of
22
Rakhi Mondal vsGovernment of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, and another
Absolute
23
Md. Abu Tayebur Rahman ... Convict-Petitioner. -Versus- Md. Ataur Rahman and another ... Complainant-Opposite Parties.
The Rule is disposed of
24
United Enterprises and Company Limited (UECL). -VERSUS- Registrar of Joint Stock Companies
Dismissed.
25
Mst. Salama alias Salma Khatun and another ... Plaintiff-Petitioners Versus Ashok Kumar Ghosh and others … Defendant-Opposite Parties
Disposed of
26
Md. Dulal Mestory and others ... Plaintiff-Petitioners -Versus- Md. Zakir Hossain and others ...Defendant-Opposite Parties
Disposed of
27
Sayed Nafiz Ahamed @ Nafiz Ahamed being dead his heirs: 1(a) Syed Nasim Ahmed and others ... Plaintiff-Petitioners -Versus- Syed Miraz Ahamed and others ... Defendant-Opposite Parties
Disposed of
28
Discharged
29
Md. Munzur Rahman Mondal and others ........ petitioners -Versus- Mst. Lotifa Bewa and others ....... opposite parties
Discharged
30
Sirajul Haque Chowdhury Vs. Govt. and others
Disposed of
31
Md. Mojibar Rahman ...Petitioner -Versus- Md. Abul Kashem being dead his heirs Md. Momtazul Islam and others. .…Opposite parties
Discharged
32
Md. Rokanuzzaman … petitioner -Versus- Bangladesh Bank and others. … respondents
Discharged
33
Zia Fertilizerr Company Limited Vs. The Dowla Prokaushal and another
Allowed
34
Amar Kumar Das being died his heirs Lili Rani Das and others Vs. Dr. Monoranjan Mohuri and others
Discharged
35
Syed Abdul Wadud … Plaintiff- Petitioner Versus Khulna City Corporation and others ...... Defendant-Opposite Parties
Absolute
36
Alhaj Mizanur Rahman (Badol) -Versus- Md. Ruhul Amin and others
Discharged
37
Mohammad Moazzam Hossain, Son of late Mvi K.M. Khaleque, of Vill-Kasba, P.S-Gournadi, District-Barishal, represented by his Constituted Attorney: Advocate Rabiul Islam Tarafder (Robin), House No: 08, Road No. 21, Sector: 04, Uttara Model Town, Dhaka. -Versus- Dr. Gias Uddin Miah and others
Dismissed.
38
Mayor, Dhaka North City Corporation and another -Versus- Ferdousi Sabur and others
Absolute
39
Alhaj Md Mukul Amin -Versus- Md. Alamgir and others
Discharged
40
Md. Abdur Razzak Bhuiyan @ Vhian and others -Versus- Abdul Mannan Hawlader and others
Absolute
41
The appeal, therefore, is dismissed and consequently the connecting Rule is disposed of. No order as to costs.
42
Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Narsingdi-Vs-District Judge, performing the function of Vested Property Restoration Appellate Tribunal, Narsingdi and others
Discharged
43
Abdur Razzak being dead his heirs No. 1(a) Md. Mahmud Hossain and others vs. Matiar Rahman and others
The rule is discharged
44
Kishan Chandra Shaha and others vs Pintu Chandra Das Shuklabaiddha and another
The Rule is discharged
45
Md. Saman Mollah being dead, his legal heirs: 1(a) Md. Siraj Ali Mollah and others -Versus- Md. Abdul Karim
Discharged
46
Peti: 01 being dead, his heirs are as follows: 1(a) Balaram Tarua and others -Versus- Sree Ranjit Kumar Parbat and others
Discharged
47
Mohammad Ali Munshi -Versus- The State and another
Absolute
48
Sharif Shah Kamal and others Vs. RJSC and others.
Allowed.
49
Jannatul Ferdous -Versus- Samina Sabiha (Ria) and others
.
50
Md. Wali Ullah Patowari ...Convict-Petitioner. -Versus- The State and another ... Opposite Parties.
The Rule is disposed of
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